Martin County Unincorporated
City Zoning Code
City Zoning Code
Article 10
DEVELOPMENT REVIEW PROCEDURES[1]
Editor's note— Ord. No. 1100, pt. 1(Att. A), adopted May 21, 2019, repealed art. 10 §§ 10.1—10.19 and enacted a new art. 10 as set out herein. Former art. 10 pertained to similar subject matter and derived from Ord. No. 510, adopted November 5, 1996; Ord. No. 544, adopted March 2, 1999; Ord. No. 564, adopted December 21, 1999; Ord. No. 568, adopted May 16, 2000; Ord. No. 579, adopted September 26, 2000; Ord. No. 587, adopted May 15, 2001; Ord. No. 612, adopted May 14, 2002; Ord. No. 616, adopted June 24, 2002; Ord. No. 696, adopted February 14, 2006; Ord. No. 702, adopted June 13, 2006; Ord. No. 730, adopted December 5, 2006; Ord. No. 752, adopted June 5, 2007; Ord. No. 769, adopted September 25, 2007; Ord. No. 772, adopted October 23, 2007; Ord. No. 788, adopted February 12, 2008; Ord. No. 792, adopted March 11, 2008; Ord. No. 798, adopted June 10, 2008; Ord. No. 799, adopted July 1, 2008; Ord. No. 817, adopted February 24, 2009; Ord. No. 821, adopted April 7, 2009; Ord. No. 835, adopted November 17, 2009; Ord. No. 859, adopted March 16, 2010; Ord. No. 904, adopted January 10, 2012; Ord. No. 917, adopted August 21, 2012; Ord. No. 939, adopted August 20, 2013; Ord. No. 991, adopted January 26, 2016; Ord. No. 1014, adopted December 6, 2016; Ord. No. 1038, adopted November 14, 2017; and Ord. No. 1039, adopted November 14, 2017.
Editor's note— The Adequate Public Facilities Ordinance (AFPO) referred to in this article is codified as article 5 of the Land Development Regulations.
Cross reference— Preserve area management plan, § 4.36; approval of alteration, removal or destruction of mangroves, § 4.75; wellfield protection permit, § 4.151; approval of excavation and filling activities, § 4.344; stormwater management and flood protection submittal requirements, § 4.385; landscaping application requirements, § 4.662; development approval for telecommunications facilities, § 4.793; subdivisions, § 4.911 et seq.; subdivision plat approval procedure, § 4.972; adequate public facility standards, art. 5; adequate public facilities review procedure, § 5.32; development agreements, art. 7.
Sec. 10.1 - General.
10.1.A.
Purpose and intent. Martin County shall manage growth and development in a fiscally efficient manner which is consistent with the Land Development Regulations and Comprehensive Growth Management Plan. This article shall provide development review procedures which implement the goals, objectives and policies contained in the Martin County Comprehensive Growth Management Plan.
10.1.B.
Glossary. For purposes of this article, the rules of interpretation of section 1.5, LDR, govern. In addition, the following words, terms and phrases shall have the meanings set forth below:
Active residential development means a residential development that has final site plan approval and is meeting all requirements of the development order, including the timetable.
Affordable housing development means a project that will contain units for which monthly rents or mortgage payments, including taxes, insurance and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households or persons indicated in F.S. § 420.0004. For renter-occupied housing, this percentage would include monthly contract rent and utilities.
Building permit means a permit issued pursuant to chapter 21, General Ordinances, Martin County Code.
Certificate of occupancy (C.O.) means an official document evidencing that a building satisfies the requirements of Martin County for the occupancy of a building pursuant to chapter 21, General Ordinances, Martin County Code.
Change of use means any change:
a.
From one permitted use category, as set forth in article 3, Zoning Districts, to another permitted use category, as set forth in article 3, Zoning Districts; or
b.
That increases the demand for parking; or
c.
That creates additional impervious area; or
d.
That generates more than 105 percent of the number of daily traffic trips or more than 15 peak hour traffic trips.
Code means the General Ordinances of Martin County, Florida.
Community Redevelopment Area (CRA) means an area designated as such by Martin County, pursuant to Comprehensive Plan Chapter 18.
County Administrator means the County Administrator of Martin County, or his/her designee.
County Attorney means the County Attorney of Martin County, or his/her designee.
Decision-maker means the entity having final approval of a development order as specified in section 10.2.B.2.
Development means the carrying out of any building activity, mining operation, the making of any material change in the redevelopment or modification of an existing use or appearance of any structure or land, which creates additional impacts, or the dividing of land into three or more lots, tracts or parcels, including planned unit developments and acknowledging all exceptions to subdivisions.
Development application means a request for development approval submitted to the Growth Management Director pursuant to this article. An application to amend the official zoning atlas or a variance shall also be considered a development application.
Development order means any written document granting, denying or granting with conditions an application for a building permit, site plan, plat, change to the zoning atlas, special exception, variance or clearing permit.
Development application within CRA means a request for development approval for land within one of the designated Community Redevelopment Areas within unincorporated Martin County.
Development applications for public access to environmentally sensitive lands means a request for development approval to enter and make use of a site managed by Martin County, or other governmental agency designated as the managing partner pursuant to a State of Florida or South Florida Water Management District approved management plan or other binding agreement.
Final site plan means a detailed plan drawn to scale proposed for a parcel of land that includes but is not limited to building footprints and square footage, proposed uses, preserve areas, landscape areas and buffers, stormwater areas, pedestrian paths and vehicular circulation.
Green development means a development that applies sustainable building construction and maintenance techniques and site standards to improve energy savings, water efficiency, reduce carbon dioxide (CO) emissions, improve environmental quality, and encourage sustainable stewardship of resources as defined by organizations, such as, but not limited to, the Florida Green Building Coalition, Inc. (FGBC); the United States Green Building Council (USGBC); or other recognized programs.
Growth Management Director means the director of the Martin County Growth Management Department, or his/her designee.
Industrial development means development intended for activities such as the manufacture, warehousing, assembly, packaging, processing, fabrication, storage or distribution of goods and materials.
LDR means the Martin County Land Development Regulations.
Life Science, Technology and Research (LSTAR) means the uses defined in section 3.83 of article 3, LDR, Martin County Code.
Master site plan means a conceptual plan drawn to scale, proposed for a parcel of land that illustrates but is not limited to building footprints and square footage, proposed uses, environmental and landscape areas and buffers, stormwater areas, pedestrian paths, vehicular circulation and phasing.
Mining operation development means a development in which mining or a mining operation occurs. See Article 4, Division 8 for definition of mining and mining operation.
Minor change means a change that does not require an adjustment to key aspects of the site plan, such as landscape buffers, preserve areas, building footprints or stormwater areas.
Mixed-use development means a development which includes uses from both the residential category and non-residential category of uses.
Non-residential development means development that is not residential.
Permit-ready industrial development means a planned unit development located on lands with an industrial land use designation or located within a targeted business zoning district that have satisfied all requirements to be designated a permit ready project as specified in the Plan, LDR and Code.
Plan or Comprehensive Plan means the Martin County Comprehensive Growth Management Plan.
Planned unit development or PUD means a unified development that is planned, approved and controlled according to provisions of a binding written document negotiated between the developer and the County as a special PUD zoning district and approved at public hearing.
Plat means a map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision consistent with the approved final site plan and other information that demonstrates compliance with the requirements of all applicable sections of F.S. ch. 177 and the Martin County Land Development Regulations.
Residential development means a development intended to provide structures for human habitation.
Site means the total area within the property boundaries of a principal parcel to be developed, or contiguous parcels intended for development under a common scheme or plan.
Special exception means a use that was approved on a specific site by the Board of County Commissioners between July 17, 1973, and December 31, 1995 at an advertised public hearing in accordance with section 33-30, or section 35-5.8, Martin County Code.
Targeted industries businesses (TIB) means those uses as described on the State of Florida Targeted Industries List as produced and as updated by Enterprise Florida, Inc., and/or another State of Florida designated entity for economic development. Targeted businesses typically include: manufacturing facilities, finance and insurance services, wholesale trades, information industries, professional, scientific and technical services, management services, and administrative and support services.
Termination of an application means that a development application has been deemed null and void.
10.1.C.
Development order required.
1.
No development shall occur except pursuant to a development order issued in compliance with the Plan, the LDR and the Code.
2.
Where a proposed development is exempt from the development review procedures of this article pursuant to section 10.1.D.2, the applicant shall be required to demonstrate compliance with the Plan, the Code and the LDR prior to the issuance of a development order.
10.1.D.
Applicability.
1.
The provisions of this article shall apply to all development except as specified in paragraph 2. below.
2.
The following shall be exempt from sections 10.2 through 10.11 of this article:
a.
The construction or expansion of a single-family residential dwelling, including any accessory structures, on a lawfully established lot.
b.
The construction or expansion of one duplex dwelling, including any accessory structures, on a lawfully established lot.
c.
Development associated with a bona fide agricultural use, as defined in F.S. § 193.461.
d.
Construction within public rights-of-way.
e.
Public stormwater management projects approved or funded by the Board of County Commissioners and projects associated with the Indian River Lagoon South Project.
f.
Development activity on existing, previously approved developments for the sole purpose of complying with F.S. ch. 553, pt. II, Accessibility by Handicapped Persons.
g.
The addition of landscaping on previously approved development site which is not required by the existing development order.
h.
The construction of signs.
i.
Construction activity associated with the connection of approved development to public utilities.
j.
The relocation of a historic resource within a Community Redevelopment Area. For purposes of this paragraph, "historic resource" shall be as defined in article 4, division 13 of the Land Development Regulations.
k.
Changes of use within a lawfully established building, except when a biofuel facility is proposed.
l.
Construction associated with the installation of emergency electric power generators on previously approved development.
m.
The construction of uninhabitable accessory structures (i.e., dumper enclosures, sheds, etc.) on previously approved development sites.
n.
Changes to approved site plans and lawfully established uses provided such changes shall:
1)
Meet the requirements for a Certificate of Public Facilities Exemption pursuant to subsection 5.32.B.3.f., Land Development Regulations, Martin County Code;
2)
Not eliminate a development order condition of approval that is in force and effect at the time a change is proposed;
3)
Not involve a biofuel facility.
o.
Elective infrastructure improvements to an existing use such as pervious paving, drainage, pedestrian access, and pervious parking where the proposed improvements have been determined by the County Administrator to have minimal impact to surrounding properties.
p.
Vehicular or pedestrian interconnectivity between existing developments not to exceed 200 feet in length.
q.
An addition to an existing building owned and operated by a not for profit homeowners or property owners association located within an existing residential community provided that the building addition does not exceed ten percent of the square footage of the existing building.
r.
Improvements to public facilities required by the Federal Aviation Administration or by the US Department of Homeland Security.
s.
Within CRA areas, development on a lawfully established lot, provided the lot is equal to or less than one-half acre. A Pre-application meeting in mandatory for this exception.
t.
Development on Witham Field that has been approved by the Board of County Commissioners through a lease agreement or as a capital project as consistent with the Airport Master Plan.
u.
Changes to approved documents that are not inconsistent with the approved final site plan or that would not require an administrative amendment.
3.
The provisions of section 10.1.D.2. shall not waive any requirement of the Plan, the LDRs, or the Code other than the procedures for development review set forth in sections 10.2 through 10.11. Compliance with all applicable requirements shall be demonstrated prior to the issuance of any development order.
10.1.E.
Consistency required. No development, including, but not limited to, clearing, excavation of soil, or alteration of vegetation, shall be commenced or undertaken in Martin County that is inconsistent with the Plan, the LDR and the Code.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019; Ord. No. 1162, pt. 5(Exh. E), 6-22-2021; Ord. No. 1213, pt. I(Exh. A), 12-12-2023)
Sec. 10.2. - Applications for development.
10.2.A.
Requirement of applications. Martin County requires the following development applications, including, but not limited to: master site plan, final site plan, mining operation, plat, change to the zoning atlas, including planned unit development (PUD), amendment to special exception, development agreement, vested rights determination, administrative amendment, amendment to an approved master site plan, amendment to an approved final site plan, text amendment to the LDR, revocation of a development order, and variances.
10.2.B.
General requirements for all application types.
1.
Development applications shall be submitted in a form approved by the County Administrator and made available to the public. All applicable items listed on the application checklist shall be provided.
2.
Development applications shall demonstrate compliance with the Comprehensive Plan, the LDR and the Code prior to approval by the decision-maker.
3.
Proof of ownership must be provided with each application. The applicant shall provide a copy of the recorded deed for the subject property, and shall certify any subsequent transfers of interests in the property. If the applicant is not the owner of record, the applicant is required to report its interest in the subject property. The applicant has a continuing obligation to provide revised documents to reflect any changes regarding ownership to the information provided that may occur before and as of the date of the final action on the application.
4.
An agent shall provide an executed and recordable power of attorney to act on behalf of the owner in making the application.
5.
For master and final site plan applications, a draft unity of title in a form acceptable to the County Attorney for the property that is the subject of the application must be provided. Included shall be a provision that requires unity of title to be maintained by the owner of the property except that a portion of said property may be sold, transferred, devised or assigned to a governmental agency and ownership of a phase may be transferred upon final site plan and plat approval of each phase.
10.2.C.
Classification of development and thresholds for review.
1.
Proposed development shall be classified as either new development or as an addition to existing development. Development proposed on undeveloped land shall be new development. A proposed addition or redevelopment of existing development shall be classified as an addition to existing development.
2.
Proposed development shall be further classified as minor or major as provided below. The decision-maker for minor development applications is the County Administrator. The decision-maker for major developments is the Board of County Commissioners.
Table 10.2.C.1 Thresholds for Review
The following specific uses are classified as major developments:
a.
Adult business.
b.
Biofuel facilities.
c.
Campgrounds.
d.
Commercial amusements, outdoor.
e.
Flea markets.
f.
Golf courses.
g.
Golf driving ranges.
h.
Recreational vehicle parks.
i.
Shooting ranges, outdoor.
j.
Parking lots and garages over 250 spaces.
k.
Vehicular sales and service, including gas stations, or vehicular service and maintenance, both excluding car washes.
l.
Airstrips.
m.
Airports, general aviation.
n.
Truck stop/travel center.
o.
Any other use deemed to be a major development elsewhere in the LDR.
3.
The thresholds for nonresidential and industrial development refer to the gross floor area of all proposed buildings plus 25 percent of the gross area of any primary use that is not contained in any proposed buildings on a development site unless otherwise noted.
4.
For purposes of determining the threshold for review of applications, the following shall apply:
a.
Residential development means any use in the permitted use schedule of article 3, Zoning Districts, LDR, under the residential uses category.
b.
Industrial development means any use in the permitted use schedule of article 3, Zoning Districts, LDR, under the industrial uses category.
c.
Nonresidential development means any use indicated in the permitted use schedule of article 3, Zoning Districts, LDR, excluding those listed as residential uses.
d.
Life Science, Technology and Research (LSTAR) means any use in the permitted uses schedule of article 3, Zoning Districts, LDR, as Life Science, Technology and Research uses category,
e.
Targeted Industries Business (TIB) means any use in the permitted use schedule of article 3, Zoning Districts, LDR, as Targeted Industries business uses category.
5.
Where a mix of uses is proposed, each type of use shall be apportioned in order to determine the classification threshold. For example, because the threshold for a minor development is 25,000 square feet of nonresidential uses and 50 dwelling units or less, the ratio of the proposed nonresidential uses gross floor area to 25,000 square feet, plus the ratio of the proposed number of dwelling units to 50 dwelling units or less must not exceed one. Thus, a proposal for 10,000 square feet of nonresidential and 20 dwelling units would be apportioned as follows:
[(10,000/25,000) + (20/50) = (.40 + .40) = .80]
and, thus, would be considered a minor development. Within the CRAs, the thresholds are not combined and are based on either the residential or nonresidential threshold, whichever is greater.
6.
When determining classification of development applications, the proposed intensities identified in a new application including applicable gross floor areas, residential units, rooms, site area shall be added to any intensities that were approved and built on the same site during the five years prior to the date of the new application. The total of all intensities over the five-year period shall be used to determine if the new application is processed as a major or minor development pursuant to the applicable thresholds contained in Table 10.2.C.1.
10.2.D.
Application for site plan approval.
10.2.D.1.
Master site plans.
a.
Applicability. Master site plan applications may be submitted for any proposed development. A master site plan is required for any multi-phase development, or PUD.
b.
Compliance. A master site plan shall comply with the standards specified in the Plan, the LDR and the Code.
c.
Environmental assessment. An application for a master site plan shall include an environmental assessment and the master site plan must illustrate delineated wetlands pursuant to the requirements found in article 4. All areas necessary to meet upland and wetland protection requirements shall be identified as preserve areas on the master site plan and other required documents.
d.
Timetable condition. Each development order for a master site plan, excluding development of a public project included in an adopted Capital Improvement Plan, shall include the following condition:
"All final site plan approvals for a multi-phase or PUD development shall be obtained no later than five years after the date of the master site plan approval."
e.
Time table extension exemption for non-profits. Where the applicant is an exempt organization pursuant to Section 501(c)3 of the Internal Revenue Code, the County may authorize timetable extensions provided that the final site plan for the last phase of development is obtained no later than ten years after the initial master site plan approval.
f.
Development order. The master site plan development order shall consist of the resolution, PUD Agreement, and any other documents required to demonstrate site compliance with the Plan, the LDR and the Code including, but not limited to, the master site plan and the phasing plan.
g.
Effect of a master site plan development order. Issuance of a master site plan development order shall authorize the applicant to submit the final site plan(s) for the development in accordance with the terms and conditions of the master site plan, including the timetable of development. Issuance of a master site plan development order shall not constitute approval to build or construct any improvements and is not the final approval necessary for construction of the development.
10.2.D.2.
Final site plans
a.
Applicability. Except as provided in section 10.1.D.2, a final site plan is required for all development.
b.
Compliance. A final site plan shall comply with the standards specified in the Comprehensive Plan, the LDR and the Code. A final site plan shall be consistent with the approved master plan and its approved timetable of development, if one exists.
c.
Environmental assessment. An application for a final site plan shall include an environmental assessment. All areas to be preserved in accordance with the upland, wetland protection and shoreline protection requirements found in article 4 shall be identified as preserve areas on the plans provided with final site plan, and a preserve area management plan shall be provided in association with an application for a final site plan, where required.
d.
Development order. The final site plan development order shall include the resolution and any other documents required to demonstrate compliance with the Plan, the LDR and the Code including, but not limited to, the final site plan, construction plans, the landscape plan, and the preserve area management plan.
e.
Timetable of development. After final site plan approval, all construction shall be permitted and completed consistent with the requirements of article 5, Adequate Public Facilities and Transportation Impact Analysis, LDR. However, where the development order includes a subdivision of lots for individual resale, this mandatory timetable shall not apply to the development of approved uses on individual lots.
10.2.D.3.
Concurrent master and final site plans. A development application that includes both a master site plan and a final site plan shall comply with the requirements set forth in subsections 10.2.D.1 and 10.2.D.2, and the following provisions shall also apply:
a.
Establishment of preserve areas in phased development. For sites under 50 acres, if the subject property is to be developed in discrete geographic phases, all preserve areas shall be established and managed with the first phase. The development order for the first phase shall include a preserve area management plan (PAMP). Where master site plans establish preserve areas on sites that are 50 acres or greater and where the subject property is to be developed in discrete geographical phases, preserve areas may be established for management in phases identified on final site plans, as follows:
1.
At a minimum, preserve areas shall be established in proportion with the proposed developed areas in each phase. For example, if 30 percent of the developable area of the property is included in the first phase, at least 30 percent of the preserve area shall be included with the first phase. The final development order for the first phase shall include a preserve area management plan (PAMP).
2.
The preserve area to be established and managed with each phase shall be designed to follow natural ecotonal boundaries to preclude fragmentation of like habitat into subsequent phases. Preserve areas shall be designed to consolidate contiguous habitat restoration areas that require vegetative exotic species removal or restoration planting areas. Additional preserve area may be required to be included in the first and subsequent phases if a discrete management area cannot be established to separate contiguous habitats.
3.
The water management system, including wetlands and wetland buffers, shall be designed to function independently in each phase. A wetland and its corresponding wetland buffer area shall not be divided into a separate phase of a development.
4.
The PAMP shall be amended to incorporate subsequent phases with the final site plan development orders issued for each successive phase, to be ultimately managed under common ownership or a single property owners association. A separate PAMP may be created for phases to be managed under separate ownership.
b.
Timetable of development. The timetable of development shall be as specified in 10.2.D.1. and 10.2.D.2.
10.2.E.
Permit-ready nonresidential subdivision development. Permit-ready nonresidential subdivision developments may be approved as follows:
1.
Permit-ready nonresidential subdivision developments must be processed as a planned unit development.
2.
Notwithstanding sections 10.2.D.2., and 10.2.D.3 where the proposed use category, maximum gross floor area, and maximum impervious area are specified for each lot, the final site plan may be approved without a full demonstration of compliance with certain requirements of the LDR, such as parking and landscaping, provided that the development order approving the final site plan clearly delineates the outstanding requirements and requires that the applicant demonstrate compliance with all outstanding requirements of the LDR prior to the issuance of a building permit.
3.
For purposes of carrying out this subsection 10.2.E., and notwithstanding subsections 10.2.D.1.e., 10.2.D.2.e., and 10.2.D.3.d., the following standard condition of approval shall be included in all development orders for permit-ready nonresidential subdivision developments:
"Construction of all site improvements shown on the final site plan shall commence within one year of final site plan approval and be completed within two years of final site plan approval. All certificates of occupancy shall be obtained within ten years of final site plan approval."
10.2.F.
Application for plat approval and vacation of plat
1.
Applicability. Any plat application may be submitted, after the first staff report is issued for a final site plan application, concurrent with any resubmittal of a final site plan application. Any amendment to a plat which is not exempt pursuant to section 10.1.D.2 shall be reviewed in the same manner as a new plat.
2.
Compliance. No plat shall be approved which is inconsistent with an adopted final site plan. All plats shall comply with F.S. ch. 177 and all requirements of the Comprehensive Plan, the LDR and the Code.
3.
Vacation of plat. An application for a plat vacation shall be processed pursuant to the requirements of F.S. ch. 177, and shall be reviewed in the same manner as a new plat.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019; Ord. No. 1162, pt. 5(Exh. E), 6-22-2021; Ord. No. 1213, pt. I(Exh. A), 12-12-2023; Ord. No. 1224, pt. I, 5-21-2024)
Sec. 10.3. - Application to amend the county zoning atlas.
10.3.A.
Purpose. This section provides a procedure for amending the boundaries of the official zoning atlas.
10.3.B.
Procedures for amendments to the zoning atlas. An application to amend the zoning atlas shall be submitted pursuant to section 10.2.B. After review by the Local Planning Agency and the Board of County Commissioners, the Board may adopt a resolution changing the zoning district on a parcel of land or the dimensions of a zoning boundary provided the request demonstrates compliance with the standards for amendment to the zoning atlas pursuant to subsection 3.2.E., LDR.
10.3.C.
Application for a planned unit development.
1.
Applicability. The purpose of a planned unit development (PUD) is to provide flexibility in applying the land development regulations in a manner which mutually benefits the County and the developer and encourages innovative approaches to community planning. Specific PUD district shall be subject to negotiation between the developer and the Board of County Commissioners. In addition to the requirements set forth in subsections 10.2.D.1, the following provisions shall also apply:
a.
An agreement that establishes the PUD specific zoning for the property and includes any conditions applicable to the development, a timetable of development, a phasing plan, and a Master Site Plan.
b.
An applicant may propose alternative compliance for requirements of the Land Development Regulations (LDR) other than those within article 3. Alternative compliance proposed for other articles of the LDR shall be subject to negotiation between the developer and the Board of County Commissioners. No alternative compliance within a PUD shall be approved which is inconsistent the Comprehensive Plan.
2.
Restrictions on expedited processing. New PUD applications are not eligible for expedited processing as specified in section 10.5.E.3. Final site plans for affordable housing, small scale industrial and targeted industries in approved PUDs shall be eligible for expedited review.
3.
Amendment of the official zoning atlas to PUD. The change of zoning atlas shall occur at the master site plan approval stage. Development in a PUD district shall proceed only in accordance with the adopted master site plan and PUD agreement, including any subsequent approved changes and amendments.
4.
Effect of approval of the PUD master site plan. Approval of a PUD shall authorize the applicant to submit final site plans in accordance with the terms, conditions and limitations of the PUD agreement and the Plan, the LDR, and the Code. When the BCC grants a final approval to a proposed PUD zoning district application, the master site plan, including all related information, agreements, and supporting materials required pursuant to this and other sections of the LDR, shall be adopted as an amendment to the Zoning Atlas and shall become the standards of development applicable to the PUD.
5.
Validity of a PUD development order. The PUD agreement shall constitute the development order and shall run with the land according to the terms set forth in the PUD agreement.
6.
Nonsubstantial amendments. A proposed non-substantial amendment to a PUD zoning agreement or master site plan shall be considered pursuant to section 10.15.
7.
Applications associated with approved DRIs. An amendment to a previously approved Development of Regional Interest (DRI) development order shall be processed in accordance with the PUD procedures outlined above.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019)
Sec. 10.4. - Application to amend a special exception.
10.4.A.
Purpose. This section provides a procedure for amending an approved special exception.
10.4.B.
Application requirements. In addition to the requirements of section 10.5., the applicant must provide:
1.
A copy of the resolution or other document approving the special exception;
2.
Documentation that the use is continuing and in compliance with all conditions;
3.
A recorded deed for the subject property and certification of any subsequent transfers of interest in the property;
4.
A narrative that documents that the amendment to this special exception will not be detrimental to the public safety, health or welfare or be injurious to other property or improvements in the area in which the property is located; and the amendment requested is compatible and harmonious with the other uses allowed in the district; and
5.
A site plan revising the original site plan, if a site plan was included in the approval of the special exception.
10.4.C.
Standards to be considered for final action. The BCC may approve an amendment to a special exception only if it finds that:
1.
The special exception is not for a use regulated by article 4, division 8 or article 4, division 18, LDR;
2.
The special exception is continuing and in compliance with its original conditions, unless good cause is shown why those conditions are no longer applicable;
3.
The amendment to the special exception will not be detrimental to the public safety, health or welfare or be injurious to other property or improvements in the area in which the property is located;
4.
The amendment requested is compatible and harmonious with the uses allowed in the district; and
5.
The amendment is not otherwise prohibited by the Plan, the LDR or the Code.
10.4.D.
Effect of approval of an amendment to the special exception. The approval of an amendment shall allow the applicant to submit building permits in conformance with the terms and conditions of the approval, the Plan, the LDR or the Code.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019)
Sec. 10.5. - Application review process.
10.5.A.
Purpose. The purpose of this section is to describe the procedures for processing various applications including master site plan, final site plan, plat, changes to the zoning atlas, including planned unit developments (PUD), amendments to special exceptions, development agreements, vested rights determination, non-administrative and administrative amendments, text amendments to the LDR, revocation of a development order and other miscellaneous applications.
10.5.B.
General procedures for applications.
1.
Initiation. A development application shall be filed with the County Administrator by the owner or other person having a power of attorney from the owner to make the application.
2.
Acceptance of the application. A development application will be received for processing on any working day. A completeness application must be submitted before 4:00 p.m. on a Thursday (or second to last day of a holiday week) to be reviewed during the following week's completeness determination meeting.
3.
Applications.
a.
Applications shall be submitted on a form approved by the County Administrator and made available to the public. Applications shall provide all applicable information required in the checklist for the type of application being submitted.
b.
If there is no approved form, the applicant may submit a letter with the required information.
c.
At a minimum, an application shall include sufficiently detailed and documented information for staff to make the required findings of compliance with the Plan, the LDR, and the Code.
d.
Development applications shall be available to the public.
4.
Fees.
a.
Payment of a fee established by resolution of the BCC shall be required. Each application type shall be accompanied by an application fee and a completeness determination fee as established by resolution of the BCC. Additional fees may be required including, but not limited to, recording fees, inspection fees, impact fees, and capital facility connection charges.
b.
The County Administrator may impose fees for the review of applications by consultants or experts who conduct code compliance review to assist staff in the review of an application. The costs of that review shall be borne by the applicant and shall be limited to specifically identified reasonable expenses incurred in the review.
c.
In the event that a proposed major development is to include both a master site plan and a final site plan, a consolidated master site plan and final site plan may be processed concurrently and pay one application fee.
5.
Digital submissions. Electronic submission of applications is required. Each application that is not submitted electronically shall be accompanied by an application scanning fee as established by resolution of the BCC.
6.
Scheduling of meetings. The County Administrator shall schedule meetings with the applicant and County staff that may be involved in the review of the application. The applicant shall be notified reasonably in advance of the meeting of the time, date and place by the County Administrator.
7.
Withdrawal of the application. An applicant, or the duly authorized agent, may withdraw an application at any time by providing a written request to the County Administrator. Such a withdrawal shall terminate that particular application.
8.
Misrepresentation. If evidence of misrepresentation, fraud, deceit, a deliberate error, or omission is discovered during the application review, the review of the application shall be terminated and the application will be subject of a new determination of completeness prior to any further review.
9.
Outstanding financial obligations. All outstanding financial obligations owed to the County, including, but not limited to, code enforcement fees, fines, and liens; demolition costs and liens; hauling fees and inspection fees shall be paid prior to the issuance of a development order by the County. For development applications located within any of the County's Community Redevelopment Areas all outstanding financial obligations owed to the County, including, but not limited to, code enforcement fees, fines, and liens; demolition costs and liens, hauling fees and inspection fees shall be paid prior to the issuance of any building permits by the County.
10.
Termination of an application. An application may be terminated due to an applicant's failure to respond to a staff report within the timeframes established in section 10.5.F. No further processing of the application shall occur.
10.5.C.
Pre-application meeting.
1.
In general. A pre-application meeting between the applicant and County staff is recommended for all applications for new development and redevelopment.
2.
A pre-application meeting shall be mandatory where the site proposed for development has one or more of the following conditions:
a.
Wetlands, either presently existing or which existed in 1982 or at any time thereafter.
b.
Native upland vegetation, either presently existing or which was removed without permitting since February 1990.
c.
Any evidence of adverse impacts to wetlands or uplands on the subject property.
d.
Wellfields within a well field protection zone.
e.
Contamination from regulated substances previously stored on the site.
f.
Proposed storage of regulated substances.
g.
Proposed excavation of a water body.
h.
Location within the coastal high hazard area.
i.
Location within a designated environmentally sensitive habitat area.
j.
Presence of habitat for rare, endangered and threatened species and species of special concern.
k.
Location within a designated special flood hazard area, as shown on the Martin County Flood Insurance Rate Maps.
l.
Location within 250 feet of the St. Lucie Estuary, the Indian River Lagoon or the Loxahatchee River.
m.
Location with a CRA.
3.
A pre-application meeting shall also be mandatory where the proposed use involves any of the following:
a.
Sanitary landfill.
b.
Solid waste transfer station.
c.
Recycling facility.
d.
Composting facility.
e.
Chipping and mulching facility.
f.
Wastewater or water treatment facility.
g.
Public bathing place, including public swimming pools.
h.
Salvage or junk yard.
i.
Incinerator.
j.
Biohazardous waste processing.
k.
Electric power generating facility.
l.
Septic tank.
m.
Private water supply well.
n.
Storage facility for regulated hazardous substances.
o.
Any use that is applying for expedited review in accordance with section 10.5.E.3.
p.
Any truck stop/travel center.
q.
Any fuel manufacturing facility, including biofuels.
r.
Any biofuel facility.
s.
A master plan or a final site plan associated with a planned unit development.
t.
A mining operation.
4.
Discussion of the issues. At the pre-application meeting, the participants shall discuss issues that relate to the proposed development. Those issues may include, but shall not be limited to, the following:
a.
The application requirements and development review procedures for the proposal, and a tentative schedule of staff review;
b.
The probable consistency of the request with the Comprehensive Plan, the LDR and the Code, and the future land use and zoning designations on the property;
c.
The relationship and compatibility between the proposed development and surrounding land uses;
d.
The physical characteristics of the site including, but not limited to, environmentally sensitive areas, wetlands, uplands, floodplain, and existing roads, utilities, historical resources, stormwater management facilities, internal circulation, utilities, other public and private facilities such as recreation areas, and common open areas;
e.
Wildlife protection, including protection for rare, endangered and threatened species and species of special concern;
f.
For a planned unit development, the negotiated character of the PUD development order, potential public benefits and modifications of provisions within the LDRs that are applicable for alternative compliance;
g.
The connections to existing facilities, i.e., roadways, water and sewer lines, and the status of capacity of public facilities to serve the anticipated population growth or impacts of future or proposed development, including water, sewer, solid waste, stormwater facilities, roads, parks, public safety, and mass transit; and
h.
The applicability of County monitoring requirements to the proposed project.
5.
Conclusions. The pre-application meetings are intended to provide the applicant with the opportunity to confer with appropriate County staff prior to submitting a formal application. Failure to identify any requirement or procedure at a pre-application meeting shall neither relieve the applicant of complying with the requirement or procedure nor constitute a waiver of the requirement or procedure. The information provided at the pre-application meeting is intended to guide the applicant and in no event is to be considered binding on staff, the BCC, or the applicant.
6.
Conceptual approval for affordable housing application seeking federal or state funding. The County does not provide conceptual site plan approval or preliminary site plan approval. However, the review of a conceptual or preliminary site plan for affordable housing may occur at a pre-application meeting conducted pursuant to section 10.5.C. If the assessment of the conceptual or preliminary site plan reviewed during the pre-application meeting is that it generally demonstrates conformance with applicable County requirements, the County Administrator is authorized to execute documentation indicating the County has reviewed the site plan, but final site plan approval has not been issued.
10.5.D.
Application completeness determination. All applications for development must be reviewed for completeness, prior to the acceptance of the application for distribution to staff for review. The application must include the applicable documents listed in subsection 10.2.B., the disclosure of ownership interests described in 10.5.D.1 below, and the completeness review fee.
10.5.D.1.
Disclosure of ownership interests. The information set forth below shall be submitted with the development application on a form approved by the County Attorney. No application shall be determined complete if the disclosure of ownership is not submitted or is incomplete.
a.
The applicant must disclose the names and addresses of each and every person or entity with any legal or equitable interest in the property of the proposed development, including partners, members, trustees, and stockholders and every person or entity having more than a five percent interest in the property or proposed development.
b.
The disclosure required by subsection 10.5.D.1.a. does not apply to:
(i)
Interests held under a publicly traded company; or
(ii)
Individual members of a homeowners or property owners association, when association property is the subject of the proposed amendment; or
(iii)
Minors, defined as any person who has not attained the age of 18; or
(iv)
Mortgagees.
c.
The applicant must list all other applications for which they have an interest as defined in subsections a. and b. above that is currently pending before Martin County. The list shall include but not be limited to, any development applications, waiver applications, road opening applications, and lien reduction requests.
d.
Any development order, which was found to be complete based on false or incomplete disclosure, will be subject to the cessation of processing of the application.
2.
Completeness timeframe. The County Administrator shall determine if the application is complete within seven working days of the validated receipt of an application.
3.
Incomplete application. If the County Administrator determines the application is not complete for review, the applicant shall be provided with a written explanation of the application deficiencies. An incomplete application shall be returned to the applicant. The completeness review fee shall be retained. The applicant shall submit another application for completeness which shall be accompanied by another completeness determination fee.
4.
Complete application. The County Administrator shall notify the applicant in writing when the application is determined to be complete. The applicant shall submit the required number of documents and the full application fee. After receipt of the fee, the application shall be reviewed pursuant to the procedures and standards of this article.
5.
Compliance. A determination of completeness shall not be interpreted as a determination of compliance with the requirements of the Plan, the LDR or the Code.
10.5.E.
Application review timeframes.
1.
The County Administrator shall complete a review of applications determined to be complete and prepare a report within the time periods provided in the following table:
Table 10.5.E.1 MAXIMUM REVIEW TIME FOR TYPE OF APPLICATION
2.
Calculation of Days. Except for expedited development applications, the time periods set forth above shall be calculated pursuant to section 1.5.B., LDR.
3.
Expedited review.
1.
Projects that are eligible for expedited staff review include targeted industry business (TIB), Life, Science, Technology, and Research (LSTAR), affordable/workforce housing; green developments; minor development projects within CRA areas; and projects providing for public access to environmentally sensitive lands.
2.
The County Administrator shall expedite the review of applications listed in paragraph 1. Expedited applications shall be reviewed prior to other applications filed on the same date in accordance with the timeframes established in Table 10.5.E.1. In the event of multiple applications eligible for review filed on the same date, those projects that meet the definition of TIB or LSTAR developments shall be reviewed first.
3.
The request for expedited review does not include an application for a future land use amendment. However, for TIB and LSTAR applications for projects that have been certified by the Florida Department of Economic Opportunity pursuant to F.S. § 403.973, and are the subject of a project specific Memorandum of Agreement between DEO, the applicant and Martin County may include a proposed future land use amendment. The future land use amendment shall be reviewed pursuant to the requirements of the Comprehensive Plan. F.S. ch. 163, and F.S. § 403.973.
4.
Expedited review standards. Unless the proposed development is a minor development in a Community Redevelopment Agency area or provides public access to environmentally sensitive lands as defined in section 10.1.B, the applicant must provide documentation that the project meets the criteria or condition listed below for the type of project.
a.
Targeted industry businesses (TIB) and Life, Science, Technology, and Research (LSTAR). In order to qualify for expedited review, the applicant shall submit a letter from the Business Development Board, or Enterprise Florida; and submit a letter of request on company letterhead that describes the mission of the company, the industry sector, and the project scope (in Martin County) including existing and projected new employment, average wage, projected investment, and building size. In addition, these applications shall meet at least two of the following criteria:
1.
Creates at least ten new net full-time equivalent jobs in Martin County within two years of receiving a certificate of occupancy.
2.
Pays an average annual wage that is at least 115 percent of the State, or Port St. Lucie-Ft. Pierce Metropolitan Statistical Average (MSA), or Martin County average wage, as established annually by Enterprise Florida, Inc., in their "Incentives Average Annual Wage Requirements" publication.
3.
Generates at least 50 percent of its revenues from outside of Martin County.
4.
The County Administrator determines that the economic development benefits of the project warrant expedited processing. For example, but not limited to: projects located in a designated brownfield area, enterprise zone, Small Business Administration Hubzone, or distressed area.
b.
Affordable/workforce housing. The applicant must provide a commitment, executed by the applicant and recorded in the public records of Martin County, agreeing that the units in the development shall be sold or rented for an amount which qualifies as affordable housing or workforce housing, and that the proposed buyers and or renters of such units shall qualify as set out in the current local housing assistance plan.
c.
Green development. The applicant must provide documentation that the development is applying for green certification by organizations such as, but not limited to, the Florida Green Building Coalition, Inc. (FGBC); the United States Green Building Council (USGBC); or other recognized programs.
10.5.F.
Review and analysis for applications.
1.
The County Administrator shall prepare a staff report which addresses all requirements of the Comprehensive Plan, the LDR and the Code within the time period set forth in section 10.5.E.1., unless an extension is mutually agreed to by the applicant and the County Administrator.
2.
After the issuance of any staff report, the applicant may request a meeting with staff to address unresolved issues. The applicant has 90 days to resubmit application materials to address any unresolved issues identified in the staff report.
3.
Resubmittal fees shall be required after the second resubmittal of applicant materials.
4.
Upon receiving a request from an applicant, the County Administrator may grant one extension of the timeframe for an applicant to resubmit materials not to exceed 60 days.
5.
If the applicant fails to meet the resubmittal deadline, including any approved extension period, the application may be terminated.
6.
The County Administrator shall review the resubmittal and issue a report within the time period set forth in section 10.5.E.1.
a.
If the staff report does not identify any unresolved or outstanding issues, the application shall move forward to the decision-maker. If the staff report does identify any unresolved or outstanding issues the applicant has 90 days to resubmit application materials to address any unresolved issues identified in the staff report.
b.
If the third staff report identifies unresolved or outstanding issues, the application may be terminated unless the unresolved or outstanding issues have been identified for the first time in this report. Unresolved or outstanding issues identified for the first time shall not mean an issue resulting from either changes made by the applicant to its documents which are not based on an earlier staff comment or if it is the result of new information or modifications related to applicant proposed changes to previously reviewed materials.
c.
If a staff report indicates that the application is substantially compliant, with only minor outstanding technical issues or issues identified for the first time in the report, the applicant may correct the application materials and the application may be scheduled for a public meeting or public hearing as required.
d.
One resubmittal of the documents to correct minor outstanding technical issues or issues identified for the first time may be accepted without payment of additional review fees. Examples of minor technical issues include, but are not limited to: minor corrections on the site plan or plat; correction of the digital disc; or submission of corrected documents required by one of the reviewing departments. The County Administrator shall determine whether an item is a minor technical issue. Resubmittal of the corrected documents is required within 90 days.
e.
When the review of an application for final site plan indicates that the application is not consistent with the approved master plan or when review of an application for a plat indicates it is not consistent with an approved final site plan, a revision to the master site plan or final site plan as approved, shall be processed as follows:
1)
Minor technical adjustments to an approved master site plan that are consistent with all applicable regulations such as, but not limited to, changes to lot dimensions, easement locations or site data calculations, may be processed as a revised master site plan with the final site plan application. No separate application for a revised master site plan shall be required. The revised master site plan development order must be approved prior to the approved final site plan development order.
2)
Minor technical adjustments to an approved final site plan that are consistent with all applicable regulations such as, but not limited to, changes to lot dimensions, easement locations or site data calculations, may be processed as a revised final site plan with the plat application. No separate application for a revised final site plan shall be required. The revised final site plan development order must be approved prior to the approval of the plat.
f.
If a staff report identifies other processes or other approvals that must be completed prior to the issuance of a development order, the required period for response by the applicant shall be automatically extended until the other processes are completed, however, the response shall not to extend beyond one year from the date of the report. Examples of other processes include, but are not limited to: processing of land use or rezoning applications; completion of an environmental waiver process; variance application pending Board of Zoning Adjustment action; completion of a water/wastewater agreement; completion of an alternative compliance request; completion of the land donation process; and judicial proceedings.
g.
If an extension is permitted pursuant to section 10.5.F.6.f., then the applicant shall be required to update any documents that have time expiration periods including, but not limited to, traffic studies and surveys.
h.
When reviewing a development application that has been certified by a professional listed in F.S. § 403.0877, the County shall not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. If the applicant states in writing that the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the County, at the applicant's request, shall proceed to process the application for approval or denial.
i.
At any time after completion of the initial review cycle and resubmittal by the applicant, the applicant may request that the County Administrator forward the application to the decision-maker for review and final action. Upon such a request staff shall cease any further review of the application.
j.
If the report is not issued within the time period set forth in section 10.5.E.1. and the applicant does not agree to an extension of the review time, the development application, staff review documents and the report at its current stage of completion, and an explanation of the reason(s) for the delay, shall be forwarded to the decision-maker for review and final action pursuant to all requirements of this article. This provision shall not be construed to allow any application to be approved which is not in compliance with the Comprehensive Plan, the LDR and the Code.
7.
Non-response. If an applicant does not respond to the report or request an extension of time within the time periods specified elsewhere in the article, the application may be deemed null and void.
8.
Decision-maker. The following table indicates the formal decision-making process required for each type of application governed by this article. Where any difference may exist between the information provided in the table and the text of these regulations, the text shall prevail.
Table 10.5.F.9. Responsibility of Review and Final Action for Applications
R = Review and recommendation
F = Final action of Approval, Approval with Conditions or Denial
* PUD Zoning Agreement Amendments and PUD Master and/or Final Site Plans that propose more than minor changes to project boundaries, residential density, access points on Public Right-of-Ways, PAMP boundaries, or public benefits, shall be processed in the same manner as PUD Zoning Agreements. PUD amendments that meet the criteria of Section 10.15.C. may be approved pursuant to that section.
** A development agreement requires two public hearings. In some instances, both public hearings may be before the BCC.
10.
Neighborhood Advisory Committees. When development that is subject to review and approval pursuant to this article is proposed for land within a CRA, the applicant shall present the development proposal to the Neighborhood Advisory Committee (NAC). The members of the NAC and members of the public in attendance at the NAC meeting may ask questions and provide comment on the application. A staff member of the Office of Community Development or the Growth Management Department may also present information to the NAC regarding consistency between the proposed development and the Community Redevelopment Plan, the Comprehensive Plan, the LDR and the Code. The initial presentation to the NAC may occur prior to the issuance of the first staff report and shall be independent of any presentation required with regard to a request for alternative compliance.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019; Ord. No. 1162, pt. 5(Exh. E), 6-22-2021; Ord. No. 1213, pt. I(Exh. A), 12-12-2023)
Sec. 10.6. - Public notice requirements.
10.6.A.
General. Notice regarding development applications shall follow the notice requirements provided for in this section.
10.6.B.
Posting of signs. Not more than ten days after a development application has been determined to be complete, the applicant shall post the property that is the subject of the application with a waterproof sign(s) entitled "Notice of Development Application" or "Notice of Zoning Change" as appropriate, which describes the nature of the development request, the name of the project (if any), the telephone number where additional information may be obtained, and the County assigned project or application number.
1.
The sign(s) shall have a uniform yellow background with letters in black. Lettering shall be at least two inches in height except as otherwise set forth in paragraph 3 below.
2.
The sign(s) shall be double-faced and placed perpendicular to the street. The sign face and lettering shall be clearly visible by drivers and pedestrians traveling in either direction and should not be obstructed. Where the property abuts more than one roadway, at least one sign for each additional roadway shall be posted to satisfy this requirement. If the property does not abut a public right-of-way, signs shall be placed at the nearest public right-of-way with an indication of the location of the subject property.
3.
Signs facing minor arterial, major arterial or major collector streets shall be at least 12 square feet in area per face and the title of the sign (e.g. "Notice of Development Application" and the project or application number shall have letters at least eight inches in height. Signs facing all other streets shall be at least six square feet in area per face and the title and project application number shall be at least four inches in height.
4.
Reasonable maintenance of the sign(s) by the applicant shall be required until the conclusion of the development review process by action of the final decision maker to ensure that the required sign(s) remain legible. All posted signs shall be removed within ten days after the final action has been taken on the development application.
5.
The applicant shall submit a notarized certification to the County Administrator within ten days following the posting stating that the sign(s) was posted according to and complies with the standards of these notice provisions. Failure of the applicant to submit a notarized certification shall toll the application review periods of section 10.5.E.1.
10.6.C.
Public meetings and agendas. Agendas for public meetings shall be available no less than five calendar days prior to the scheduled meeting; however, amendments to the agenda may occur subsequent to that time.
10.6.D.
Newspaper advertisement. Notice of public hearings regarding development applications shall be published at least 14 days prior to the date of the public hearing (seven calendar days if the application is being expedited pursuant to section 10.5.E.3.) in the legal advertisement section of a newspaper of general circulation in Martin County, as defined in F.S. ch. 50 and consistent with the provisions of F.S. chs. 125, 163 and 286.
10.6.E.
Mailing of notice.
1.
Notice of a public hearing. The notice of a public hearing regarding development applications shall be mailed at least 14 calendar days (seven calendar days if the application is being expedited pursuant to section 10.5.E.) prior to the public hearing by the applicant to all owners of real property located within a distance of 500 feet of the boundaries of the affected property. For development parcels which lie outside of or border the primary urban service district, the notification distance shall be increased to 1,000 feet. In addition, notice shall be mailed to all homeowner associations, property owners associations, condominium associations and the owners of each condominium unit within the notice area.
2.
List of property owners. A list of all owners to be notified pursuant to this section shall be provided by the applicant to the County Administrator no later than two weeks prior to the scheduled time of the public hearing. This list shall be based on the most recent tax roll available and must be certified as to its authenticity and completeness by an attorney at law or title company.
10.6.F.
Notice to adjacent governments. Notice of all development applications relating to property which is within one mile of another general purpose government shall be mailed by the applicant to the appropriate entity within the jurisdiction at least 14 days prior to the public hearing.
10.6.G.
Required content of mailing and advertisement.
1.
Mailed notices required pursuant to this article shall be in a form provided by the County Administrator and shall include at a minimum:
a.
The date, time and location of the public hearing.
b.
A general location map depicting the subject property.
c.
A description of the location of the subject property (i.e., a description of the location in relation to major streets or other landmarks in the vicinity).
d.
The current and previous names of the project (as well as any commonly known name).
e.
The address of the subject property, if available.
f.
The name of the applicant.
g.
A summary of the proposal under consideration, including density and number and type of residential units or the intensity and square footage of nonresidential uses when applicable.
h.
The name of the governmental body conducting the hearing.
i.
The notice shall advise that interested parties are invited to appear at the meeting and be heard regarding the proposal under consideration.
j.
The notice shall specify where the original application and associated documents can be reviewed.
k.
Pursuant to F.S. ch. 286, the notice shall state that if any person decides to appeal any decision made with respect to any matter considered at such hearing, a record of the proceedings may be needed, and in that event, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The notice shall also specify where the original application and associated documents can be reviewed.
2.
Newspaper advertisements required pursuant to this article shall include all items listed in subsection G.1., except item b. For item c. above the description of the location shall include an address. If no address is assigned then the location shall be written in plain language that clearly describes the property location.
10.6.H.
Additional notice. The following notices are separate and distinct from the required public notice requirements of this section. Failure of any person to receive the notice provided for in this paragraph will not violate public hearing requirements.
1.
In addition to the mailed notices required by section 10.6.E.1., the applicant shall provide copies of all public hearing notices regarding a development application to any person who has made a request for such notice to the County Administrator.
2.
A person who has made a request to the County Administrator shall receive notices of the agendas of all public meetings and hearings concerning development applications.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019; Ord. No. 1213, pt. I(Exh. A), 12-12-2023)
Sec. 10.7. - Functions of the County Administrator.
10.7.A.
The County Administrator shall review all applications and provide recommendations to the Local Planning Agency and the Board of County Commissioners for those items requiring their review as provided in Table 10.5.F.9 Applications which are not consistent with the Comprehensive Plan, the LDR and the Code shall not be recommended for approval.
10.7.B.
The County Administrator shall take final action on administrative amendments and minor development applications:
1.
Upon completion of the review of an administrative amendment or a minor master or final site plan, the County Administrator shall issue a written development order approving, approving with modifications, or denying the application which shall constitute final action of the County Administrator. Applications which are not consistent with the Comprehensive Plan, the LDR and the Code shall not be approved by the County Administrator.
2.
Within seven working days of issuing the development order, the County Administrator shall cause to be published a notice of issuance of development order in the legal advertisement section of a newspaper of general circulation in Martin County, as defined in F.S. ch. 50.
3.
Appeals of the County Administrator's final action shall be to the BCC as provided in section 10.12.
10.7.C.
The County Administrator shall establish written policies as needed and procedures to implement the provisions of section 10.5.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019)
Sec. 10.8. - Functions of the Local Planning Agency (LPA).
10.8.A.
Review and action by the LPA on development applications.
1.
Applications requiring LPA review in accordance with Table 10.5.E.9. may be scheduled at the next available meeting of the LPA consistent with the notice requirements of section 10.6. The LPA shall hold a public hearing and consider the application, the staff report, any applicant response and any public comment.
2.
The LPA shall review the application for compliance with the Comprehensive Plan, the LDR and the Code.
3.
After the conclusion of the public hearing, the LPA shall recommend the application to the BCC for approval, for approval with modifications or for denial.
10.8.B.
Review and action by the LPA on Land Development Regulations (LDR).
1.
The LPA shall review proposed revisions to the LDR for consistency with the Comprehensive Plan at a public hearing.
2.
The LPA shall consider the proposed LDR revision, the staff report and any public comments.
3.
After the conclusion of the public hearing, the LPA shall recommend the proposed revision to the BCC for approval, for approval with modifications, or for denial.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019)
Sec. 10.9. - Functions of the Board of County Commissioners.
10.9.A.
Adoption of fees. Consistent with Martin County's commitment to ensure that development pays for itself, the BCC shall adopt and periodically update a schedule of fees required to be paid for the review of development applications. Such fees shall be based on a reasonable estimate of the cost to the county to review the application type.
10.9.B.
Final action on development applications.
1.
Applications requiring BCC consideration in accordance with Table 10.5.F.9. may be scheduled at the next available meeting of the BCC consistent with the notice requirements of section 10.6. The BCC shall consider the application, the staff report, any applicant response and any public comment.
2.
The BCC shall review the application for compliance with the Comprehensive Plan, the LDR and the Code.
3.
At the conclusion of its review, the BCC shall approve, approve with modifications or deny the development application which shall constitute the final action of the BCC. Applications which are not consistent with the Comprehensive Plan, the LDR and the Code shall not be approved.
4.
Any person adversely affected by the final action of the BCC may apply for judicial relief.
10.9.C.
Revisions to the LDR.
1.
Following review by the LPA, the BCC shall consider revisions to the LDR at a public hearing, pursuant to the provisions of F.S. ch. 125.
2.
The BCC shall review proposed revisions to the LDR for consistency with the Comprehensive Plan.
3.
After the conclusion of public hearing, the BCC shall approve, approve with modifications, or deny a proposed LDR revision.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019)
Sec. 10.10. - Public meetings and hearings.
10.10.A.
General regulations governing hearings and meetings.
1.
Scheduling. A matter shall not be set for a public meeting or hearing until the review process has been completed unless the applicant has requested that the application be forwarded to the decision-maker in accordance with section 10.5.F.6.h.
2.
Submittal of written materials. Any party or interested person must provide any documentation intended to be proffered as evidence, in support of, or in opposition to a development application, to the Growth Management Department at least seven business days before the scheduled public meeting or public hearing, or as otherwise required by the decision-maker. The requirement for submittal of written materials shall not apply to members of the public providing public comment.
3.
Availability of an application and staff report. Any person may examine a development application and materials submitted in support of or in opposition to the application at the office of the Growth Management Department during normal business hours upon reasonable notice. Any person shall be entitled to obtain copies of the application and the submitted materials upon payment of a fee to cover the cost of duplication.
4.
Postponements and continuances.
a.
The body conducting the public hearing or meeting may continue the public hearing or meeting to a fixed date, time and place.
b.
The applicant shall, upon request, be granted two postponements or continuances of a public meeting or hearing of the deliberating body.
5.
Reconsideration of action. A motion to reconsider the final decision on a development application may be made at the same meeting or the next meeting of the decision-making body held thereafter only by a member voting on the prevailing side of the original vote. For purposes of this paragraph, an absent member will be presumed to have voted on the prevailing side. If the question resulted in a tie vote, any member may move for reconsideration at the same meeting or at the next meeting of the full body. A motion to reconsider may be seconded by any member and must be approved by a majority of the quorum in attendance. The notice provisions set forth in section 10.6 must be complied with prior to the subsequent public hearing for reconsideration of any action or taking new action on the development application.
6.
Ex parte communication rules.
a.
Communication between staff and the applicant or staff and members of the public regarding development applications shall be permitted and is encouraged.
b.
Communication with a member of a decision-making body regarding development applications shall be governed by the provisions of F.S. ch. 286 and section 1-11 of the Code.
7.
The record.
a.
The body conducting the public meeting or hearing shall record the proceedings. A copy of the record may be acquired by any person upon application to the Commission Records Department and payment of a fee to cover the cost of duplication of the record.
b.
A transcript of the meeting, when and if available, the minutes of the meeting, all applications, exhibits, documents, written comments and other materials submitted in any proceeding before a decision-making body shall constitute the record.
c.
All records of decision-making bodies shall be public records, open for inspection during normal business hours and upon reasonable notice.
8.
Written decision.
a.
A written decision shall be rendered for all final actions.
b.
A copy of the written decision shall be provided to the applicant and shall be available for review at the office of the County Administrator during normal business hours within a reasonable period of time following the final action.
c.
The date of the final action shall be the date the decision is made and not the date the written document evidencing the action is executed, transmitted, or received by the applicant.
d.
When an application is denied, the written decision shall include a citation to the applicable portions of an ordinance, rule, statute or other legal authority for the denial.
e.
Prohibition on successive applications. Whenever a development application is denied by the Board of County Commissioners, an application for all or for a part of the same land shall not be considered for a period of one year after the date of denial unless the subsequent application involves a development proposal that is materially different from the prior proposal or unless a majority of the members of the Board of County Commissioners determine that the prior denial was based on a material mistake of fact. For the purposes of this section, a development application shall be considered materially different if it involves a change in use, a change in intensity or density of use of 25 percent or more, or if changed circumstances justify the application as a matter of law.
10.10.B.
Procedures for public meetings and hearings. Generally, the order of proceedings at public meetings and hearings regarding development applications shall be as follows.
1.
Members of the decision-making body shall disclose any ex parte communication related to the development application.
2.
The applicant shall submit proof of the required mailed notices for a public hearing. Proof of mailed notices is not required for a public meeting.
3.
Prior to testifying, all witnesses shall take an oath or affirmation and declare that he or she will testify truthfully.
4.
The County Administrator shall present the staff report and recommendation.
5.
The applicant shall make a presentation, as the applicant deems appropriate. It shall be that applicant's responsibility to establish that the application is in compliance with the Comprehensive Plan, the LDR and the Code.
6.
Any person who has qualified as an intervenor shall be given an opportunity to make a presentation.
7.
Members of the public shall be given an opportunity to be heard. Comments should be directed toward the standards applicable to the development application. The chair may limit irrelevant, immaterial or unduly repetitious comments subject to concurrence by the majority of the decision-making body.
8.
The applicant and the County Administrator shall be given an opportunity to respond to the intervenor's presentation and public comments.
9.
The decision-making body shall render its decision pursuant to the requirements of this article.
Decision-making bodies may adopt additional procedural rules for public meetings and hearings which are not inconsistent with the provisions of the LDR.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019)
Sec. 10.11. - Post-approval process.
10.11.A.
Applicant's responsibility.
1.
The materials submitted with an application that demonstrate compliance with the Comprehensive Plan, the LDR and the Code, and receive approval by the decision-making body shall be the approved documents for the project. It is the applicant's responsibility to submit any additional required documents, listed in the requirements list which will be sent to the applicant when the project receives approval. Documents submitted must reflect the approval action. Documents requiring execution shall be executed correctly by the applicant.
2.
For site plan applications, the property owner shall provide an executed unity of title.
3.
Timely submittal. Documents for all approvals shall be submitted within 60 calendar days of approval of the application.
4.
Extension of time to submit required documents. The applicant may request a 60-calendar-day extension to submit the required documents. The County Administrator shall notify the applicant in writing of the new date. There shall be no extension of the time for paying the fees required by article 5, Adequate Public Facilities Standards of the LDR.
10.11.B.
County responsibilities.
1.
The County Administrator shall be responsible for review of submitted documents to ensure they are in the same form approved by the decision-making body.
2.
When the decision-making body has imposed conditions, the County Administrator shall ensure these conditions are placed in the development order prior to the decision-maker signing the development order.
3.
Upon submittal by the applicant of any required additional post-approval documents, the County Administrator has ten working days to review the documents. If the County Administrator determines that the post-approval documents are incomplete for recordation, the applicant shall be notified in writing. The applicant shall provide a resubmittal within ten working days of notification by the County Administrator. If the applicant fails to meet the resubmittal deadline, the project approval shall be deemed null and void, unless the applicant has submitted an extension request.
4.
County Administrator review. The County Administrator shall complete the review of the applicant's post-approval documents within ten working days.
5.
Finding of completion and recordation of documents. Within five working days of the completion of the review, the County Administrator will notify the applicant of the successful completion of the post-approval review and the required recording fees. Upon payment of the recording fees, the County Administrator will obtain the necessary signatures and record the documents in the public records. Copies of the recorded documents will be provided to the applicant.
10.11.C.
Untimely submittal of documents. Failure to submit the required approved, executed documents, and plans by the post-approval deadlines may render the previously granted project approval null and void. The applicant may obtain a second 60-calendar-day extension by paying an extension fee established by resolution.
10.11.D.
Construction or development activities. No construction or other development activity shall commence until all required documents and fees are received and approved.
10.11.E.
Failure to record. In all instances, plats which have not been recorded within one year of BCC approval shall be considered null and void.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019; Ord. No. 1213, pt. I(Exh. A), 12-12-2023)
Sec. 10.12. - Appeal of final actions.
10.12.A.
Purpose and applicability. This section provides for the administrative appeal of final actions of the County Administrator and county administrative officials regarding development applications. The filing of an administrative appeal under this section shall suspend the finality of the action being appealed until the administrative appeal proceedings are concluded. Where a final action regarding a site plan has been appealed pursuant to this section, the BCC shall not approve a plat for the subject parcel of land until the appeal proceedings are concluded.
10.12.B.
Initiation of the appeal.
1.
Filing. Any person adversely affected by a final action of the County Administrator or a County administrative official shall file an appeal with the County Administrator prior to applying to the courts for judicial relief.
a.
Adversely affected person means any person who will suffer an adverse effect to an interest protected or furthered by the Comprehensive Plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services or environmental or natural resources.
b.
The alleged adverse effect may be shared in common with other members of the community at large, but shall exceed in degree the general interest in common good shared by all persons.
c.
Person means individuals, local governments, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
d.
It is the intent of this section that the term "adversely affected person" shall be broadly and liberally construed so as to effect the purpose of recognizing standing to the fullest extent.
2.
Timely application. Any adversely affected person may appeal a final action of the County Administrator or any County administrative official by filing a notice of appeal with the County Administrator within 30 days of the date of final action. For the appeal of County Administrator final actions on minor developments, the time shall be calculated from the date the final action is taken and not from the date the written document evidencing the final action is executed and filed. The appeal of a final action of a County administrative official shall be filed within 30 days of the date the final action is taken on a development order which relies on the final action of the County administrative official. If the appellant is not the applicant, the appellant shall serve the applicant with a copy of the notice of appeal at the same time as the notice of appeal is filed with the County Administrator. Failure to timely file an appeal shall constitute a waiver of any right to an appeal.
3.
Completeness determination. The County Administrator shall determine if the appeal is complete pursuant to section 10.12.C. within five working days of the receipt of the notice of appeal. An appellant may request additional time to submit the record provided that such a request is made prior to the expiration of time to file a notice of appeal and provided that such extension does not exceed 30 days in total. If the appeal is not complete, a written notice shall be provided to the appellant by the County Administrator specifying the deficiencies. The appellant shall have ten working days from the date of the written deficiency notice to file with the County Administrator the information necessary to address the deficiencies. Failure of the appellant to complete the application, as determined by the County Administrator, within the time period shall constitute a waiver of any right to appeal and the final action shall become effective.
10.12.C.
Requirements for a complete notice of appeal. A notice of appeal shall include the following materials to be considered complete:
1.
Identification of appellant. The name, address, and telephone number of the party on whose behalf the appeal is filed shall be stated in the notice.
2.
Identification of appellant's representative. The name, address and telephone number of any person representing an appellant shall be stated in the notice.
3.
Authorization. Evidence of the representative's authority to act on behalf of the appellant shall be provided.
4.
Description of the action. A statement identifying the final action that the appellant is appealing, shall be attached to the notice. The statement shall include the name of the decision-maker or decision-making body, the date of the decision, and the applicable resolution number or file number, or a copy of the final action.
5.
Description of alleged error. A statement shall describe the basis for the appeal, identifying the issues to be addressed, the applicable legal authorities or precedents and the relevant portions of the record.
6.
Relief. A demand for the relief which the appellant seeks.
7.
Fee. A nonrefundable fee in the amount established by resolution of the BCC shall be paid when the notice of appeal is filed.
8.
Record. Copies of all documents or exhibits upon which the appeal is based shall be attached to the notice, or may be clearly identified in the notice by date, title and author if the documents are already filed in the public records of Martin County.
10.12.D.
Conduct of the appeal.
1.
Schedule. The County Administrator shall convene an administrative review meeting to consider the appeal no more than ten working days after the appeal has been determined to be complete. Notice of the time and date of the meeting shall be provided to the appellant and to the applicant, if the applicant is not the appellant, at least five working days prior to the date of the meeting.
2.
Participants. The participants in the administrative review meeting shall consist of the County Administrator, the appellant and/or the appellant's representative, and the County Attorney. In addition, the director of the department whose final action has been appealed shall be a participant. If the appellant is not the applicant, the applicant and/or the applicant's attorney may attend the meeting and shall be entitled to participate as an intervenor.
3.
Conduct of the administrative review meeting. At the administrative review meeting, the County Administrator shall consider the record and provide the appellant, the applicant and the County with an opportunity to be heard.
4.
Scope of the hearing. The County Administrator shall consider only those facts established at the time of the appealed final action and shall not consider new information or evidence.
5.
Written decision. Within 15 working days after the conclusion of the administrative review meeting, the County Administrator shall issue a written decision which shall be provided to the appellant and the applicant, if the appellant is not the applicant.
6.
Appeal of the administrator's decision.
a.
Within ten working days of the issuance of the written decision of the County Administrator on an appeal, the appellant or the applicant may appeal the written decision to the BCC by filing a notice of appeal with the County Administrator. Failure to timely file an appeal shall constitute a waiver of any right to any appeal under this subsection.
b.
Completeness. A notice of appeal shall include the materials set forth in section 10.12.C. and shall also include a copy of the written decision of the County Administrator.
c.
Conduct of the appeal. An appeal of the decision of the County Administrator pursuant to this paragraph shall be conducted in the manner set forth in section 10.12.E.3.
10.12.E.
Appeal to the BCC.
1.
Initiation of the appeal. See section 10.12.B.
2.
Requirements for a complete notice of appeal. See section 10.12.C.
3.
Conduct of the appeal.
a.
Schedule. The BCC shall consider the appeal within 30 days after the notice of appeal has been filed. Notice of the time and date of the meeting shall be provided to the appellant and to the applicant, if the appellant is not the applicant, at least five working days prior to the date of the meeting.
b.
Participants. The participants in the appeal to the BCC shall consist of the appellant and/or the appellant's representative, the County Administrator and the County Attorney. In addition, the director of the department whose final action has been appealed shall be a participant. If the appellant is not the applicant, the applicant and/or the applicant's representative may attend the meeting and shall be entitled to participate as an intervenor.
c.
Conduct of the administrative review meeting. The BCC shall consider the record and provide the appellant, an applicant, and the County with an opportunity to be heard.
d.
Scope. The BCC shall consider only those facts established at the time of the original decision that is the subject of the appeal and shall not consider new information or evidence. The decision of the BCC shall be limited to determining whether the County administrative officials accorded procedural due process, observed the essential requirements of law, and made the final action under review based upon competent substantial evidence.
e.
Decision. At the conclusion of the meeting, the BCC shall render its decision by resolution, which shall be reduced to writing and a copy provided to the appellant and the applicant, if the appellant is not the applicant. When an application is denied, the County shall give written notice to the applicant. The notice shall include a citation to the applicable portions of the ordinance, rule, statute or other legal authorities for the denial.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019; Ord. No. 1213, pt. I(Exh. A), 12-12-2023)
Sec. 10.13. - Effect of and monitoring of a development order.
10.13.A.
Effect of a development order. The effect of the issuance of a development order is limited to the specific terms and conditions of the order. Nothing herein shall be interpreted as granting or implying any rights to any uses or development beyond the specific terms, conditions and limitations of the order.
10.13.B.
Effect of a development order for a final site plan. Issuance of a final site plan approval shall authorize the applicant to proceed with a pre-construction meeting and to approve building permit applications in accordance with the terms and conditions of the approval and the Comprehensive Plan, the LDR, and the Code. Permission to initiate construction of site improvements shall not be granted or building permits issued until all required documents are approved and all applicable conditions of approval satisfied.
10.13.C.
Model construction. An applicant may request a building permit to construct a model subsequent to an approved final site plan and before submitting the plat for review and approval, consistent with Article 4, Division 21, LDR.
10.13.D.
Monitoring for continued compliance of development orders.
1.
Final site plans. The County Administrator shall monitor all unbuilt development approved as final site plans for progress toward completion. When the County Administrator determines that the development is not proceeding within its timetable, or that the scheduled phases for development have lapsed, this information shall be noted in a project status report by the County Administrator.
a.
Monitoring of residential development orders. The County Administrator shall compare the timetables of developments with expected population projections so that development approvals are consistent with a fiscally feasible strategy for planning and construction of public facilities.
b.
Exception for single-family lot development. Single-family lot development which is in compliance with the standards of the article 5, Adequate Public Facilities Standards of the LDR, shall not be included in the project status report.
c.
Project status reports. When the County Administrator determines that the development is not proceeding within its timetable, or that the scheduled phases for development have lapsed, this information shall be noted in a project status report by the County Administrator. The report shall be provided to the owner. Upon review of the project status report, an owner may wish to request a time extension, in accordance with applicable law, section 10.15 or under the provisions of this subsection. The review of the project status report shall be, as follows:
(i)
LPA recommendation. The LPA shall consider the project status report. The LPA may make recommendations on the findings of the report for the BCC's consideration.
(ii)
BCC consideration. The County Administrator shall present the project status report and LPA conclusions and recommendations to the BCC at a regularly scheduled public meeting. The BCC may accept, modify, postpone or reject the project status report.
2.
Major developments and PUDs. As part of the conditions of approval, all development orders for major applications, including PUDs, shall require the applicant to provide annual status reports to the County Administrator to ensure that development occurs according to the terms of the development order. The monitoring report shall be due in the first quarter of each year until all required infrastructure is completed and required securities provided. In addition, the annual reports for mining operation development shall include record ("as-built") drawings, signed and sealed by a professional surveyor or mapper licensed in the State of Florida, documenting all work done since the approval of the mining operation development.
3.
Continuing compliance requirements. A development order shall be amended in accordance with section 10.5. to reflect subsequent changes and modifications while it remains valid and development has not been completed. In addition, the owner of the property shall comply with the following continuing compliance requirements:
a.
Notice of change of ownership, including, but not limited to, changes due to mortgage foreclosure and bankruptcy, shall be submitted to the County Administrator within 60 days of any change, except for subdivision single-lot sales included in a development order;
b.
The owner shall be responsible for compliance with the terms of the development order until all authorized development has been completed, all conditions and requirements are satisfied, and the last certificate of occupancy has been issued.
10.13.E.
Expiration of a development order. A master site plan development order shall expire as specified in section 10.2.D.1. A final site plan development order shall expire as specified in section 10.2.D.2, unless all building permits for the principal structures are issued before that date.
10.13.F.
Development orders without timetables. If a development order has been issued without a timetable of development, the development order shall be deemed to have expired one year after the effective date of the development order. Exempted from this requirement are all public projects included in an adopted Capital Improvements Plan (CIP).
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019; Ord. No. 1162, pt. 5(Exh. E), 6-22-2021)
Sec. 10.14. - Construction and completion requirements.
10.14.A.
For the purposes of this section, final site plan includes all approved amendment(s) to a final site plan.
10.14.B.
Requirement for an on-site pre-construction meeting. Upon receipt of the County Administrator's notice of the successful completion of the post-approval process and prior to the commencement of construction or development activities authorized by the development order, the developer's engineer of record shall request an on-site pre-construction meeting to be scheduled by the Public Works Department. All required federal and state permits and approvals shall be submitted prior to the scheduling of the pre-construction meeting. All preserve areas and protected trees shall be located and appropriately barricaded by a licensed land surveyor prior to the scheduling of the pre-construction meeting.
10.14.C.
Prohibition of land clearing. No land clearing is authorized prior to the pre-construction meeting for the project. Authorization for clearing to install erosion control devices and preserve barricades will be granted at the pre-construction meeting. No additional land clearing shall commence until a satisfactory inspection of the required control structures and barricades has been obtained. Authorization for the relocation of gopher tortoises within the development, as provided for by applicable state agency permits may be granted by the Growth Management Department.
10.14.D.
Building permits required. Building permits are required for the structures shown on the approved site plan.
1.
Requirements for issuance of building permits.
a.
In addition to the requirements set forth in chapter 21 of the Code with respect to the issuance of building permits, the Building Official may refuse to issue building permits if the Growth Management Director, County Engineer, Utilities and Solid Waste Director (or comparable official representing a utility purveyor other than Martin County), or the Fire Prevention Chief (Fire Marshal), has determined that the application for such development fails to demonstrate compliance with the Plan, the LDR or the General Code, including any associated conditions of approval in a development order.
b.
Notwithstanding any special conditions of the development order, a building permit may not be issued until there is stabilized access to the structure, the stormwater runoff from the site is adequately collected and discharged through a functioning outfall, and the structure is afforded adequate fire protection (the core infrastructure) in accordance with the approved construction plans. Prior to the issuance of a building permit, the engineer of record shall submit a signed and sealed letter confirming these conditions have been met and the core infrastructure has been accepted by the County Engineer.
10.14.E.
Certificates of occupancy (CO) required.
1.
A certificate of occupancy is required prior to occupancy of a structure.
a.
Requirements for issuance of COs. In addition to the requirements set forth in chapter 21 of the Code with respect to the issuance of certificates of occupancy, the Building Official shall not issue a certificate of occupancy if the Growth Management Director, County Engineer, Utilities and Solid Waste Director (or comparable official representing a utility purveyor other than Martin County), or the Fire Prevention Chief (Fire Marshall) has determined that the such development fails to demonstrate compliance with the Plan, the LDR or the Code, including any associated conditions of approval in a development order.
b.
Notwithstanding any special conditions of the development order, a Certificate of Occupancy may not be issued until the all of the roadways or vehicular use areas are paved, all of the traffic control devices are properly installed, all of the sidewalks are constructed, the stormwater management system is functioning, and the site is properly stabilized in accordance with the approved construction plans. Upon completion of the required improvements and infrastructure, the engineer of record shall complete and submit a signed and sealed engineer's certification of construction completion confirming these conditions have been met together with signed and sealed record drawings/as-built survey, and signed and sealed density reports for the County Engineer's review. Upon acceptance of the certification of construction completion, the County Engineer will schedule a final acceptance inspection with the engineer of record. Prior to the issuance of a certificate of occupancy, the County Engineer must accept the engineer of record's certification and verify that the required improvements and infrastructure have been built in substantial conformance with the approved construction plans.
2.
Minor changes to construction plans. Should the engineer of record find it necessary to change the design or details within the approved documents that do not change the face of the approved final site plan or trigger the need for an administrative amendment pursuant to 10.15., the engineer of record shall be required to submit a written request for the change to the County Engineer. The request must be accompanied with a description and reason for the change and a signed and sealed revision to the approved plan(s) or detail sheet(s). If the change is deemed minor and acceptable to the County Engineer, the revised plan will be approved and will replace the previously approved document(s).
3.
Temporary certificate of occupancy.
a.
In lieu of completing all required site improvements, such as, but not limited to, sidewalks, landscaping, and nonessential utilities, the developer may apply to the County Engineer for a temporary certificate of occupancy by providing an agreement for the completion of the required improvements. The agreement shall be accompanied with security, in a form acceptable to the County Attorney. The form and substance of the agreement shall be as approved by the County Attorney and the amount of the security shall be 110 percent of the cost of completing the required improvements as certified by an engineer licensed in the State of Florida and approved by the County Engineer.
b.
A temporary certificate of occupancy shall be provided only if all required improvements will be completed within 90 days of the date of the agreement.
c.
The temporary certificate of occupancy may not be granted for completion of any structural, electrical, plumbing, or mechanical components in buildings. In addition, the temporary certificate of occupancy may not be granted for completion of the required improvements and infrastructure, such as potable water distribution, wastewater collection, fire prevention or extinguishment facilities, roadway facilities, sidewalks, or stormwater management.
d.
Completion of facilities includes any mandatory inspections by the applicable department of the County.
10.14.F.
Site inspection. Any member of the BCC and any duly authorized representative of the BCC, such as, but not limited to, staff of the Growth Management or the Public Works Department, may enter and inspect any parcel of land for which a development approval or permit has been issued, or where there is a reasonable cause to believe that a development activity is being carried out, for the purpose of ascertaining the state of compliance with the LDR. The interiors of buildings shall not be subject to such inspections unless related to the enforcement of the building code. No person shall refuse immediate entry or access to any authorized representative of the BCC or one of the specified agencies who requests entry for the purpose of inspection and who presents appropriate credentials. No person shall obstruct, hamper or interfere with any such inspection. If requested, the owner or operator of the premises shall receive a report setting forth the facts and results of the compliance determination.
10.14.G.
Failure to comply with the conditions of an approved development order. The procedures listed below may be initiated by the County Administrator upon the report or discovery of a violation of an approved development order.
1.
Any person, including the BCC or any member of the BCC, may file a complaint with the County Administrator alleging that a condition of approval of a development order has been violated, that unauthorized development has occurred or that misrepresentation, fraud, deceit, deliberate error of omission or a material omission that should have been disclosed by the applicant regarding information required in a development application has occurred.
2.
The County Administrator shall investigate the complaint.
a.
Misrepresentation. If there is evidence that an application for a development order was considered wherein there was misrepresentation, fraud, deceit, a deliberate error of omission, or a material omission that should have been disclosed by the applicant, the County shall initiate a rehearing to reconsider the development order. The County shall re-approve, approve with new conditions, or deny the development order at the rehearing based upon the standards in this article.
b.
Notice of violation (NOV). When the evidence indicates that a violation of the development order, the Plan, LDR or Code has occurred, a notice of violation shall be sent to the owner of the property, and any other entities that may have participated in the alleged violation.
3.
Suspension of development activity on the subject property. The severity of an alleged violation determines whether a suspension of development activity is required.
a.
Proof of a violation affecting the public safety shall be sufficient to suspend unauthorized development activity.
b.
Proof of the violation of a provision of the Comprehensive Plan, the LDR or the Code governing protection and management of coastal resources, wetlands, conservation of habitat, wildlife and open space, drainage and groundwater resources shall be sufficient to immediately suspend unauthorized development activity.
c.
A stop work order shall be issued by the County directing that any development on the subject property cease immediately. However, limited development may be allowed to secure the site. The stop work order shall remain in effect until a final determination is made on the alleged violation.
4.
In the event that a NOV is issued and development activity is suspended, no new development orders affecting the property shall be issued.
5.
Correction of a violation.
a.
Correction of a violation shall be done in accordance with the requirements of the applicable Plan, LDR or Code section. Correction of the violation may entail a restoration plan, surety, on-going monitoring, other remedies, and penalties as described in the applicable Plan, LDR or Code section.
b.
A stipulation and agreed final order may be executed by the Code Enforcement Magistrate with compliance requirements and a timetable to resolve the violation or effect corrective actions. Upon the execution of an agreed order, authorized development activities may be recommenced.
c.
If staff determines that an alleged violation may be resolved by an amendment to the development order, as provided for in section 10.15, the applicant shall be given an opportunity to correct the alleged violation with an amendment. Such an amendment shall not cause the development to be inconsistent with any Plan, LDR, or Code requirement.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019; Ord. No. 1213, pt. I(Exh. A), 12-12-2023)
Sec. 10.15. - Amendments to approved development orders.
10.15.A.
In general.
1.
Notwithstanding section 10.5, this section provides processes for the review and approval of amendments to approved development orders. For purposes of this section, the term "approved development orders" includes developments established prior to the requirement for development orders.
2.
Only those phases, or portions thereof, that are the subject of an application proposing an amendment to an approved development order, or that would be affected thereby, shall be subject to the current review standards specified in the Comprehensive Plan, the LDR, and the Code.
3.
Existing buildings and improvements that are proposed to be retained in applications for amendments to approved development orders shall be required to comply with current review standards specified in the Comprehensive Plan, the LDR, and the Code to the maximum extent feasible.
4.
There are three types of amendments to an approved development order: timetable extensions that are amendments to revise the timetable of an approved development order, administrative amendments that are minor changes to an approved development order; and all other amendments.
5.
The review of an amendment to an approved development order may be limited to staff and application requirements the County Administrator determines are necessary to ensure that the proposed amendment is in compliance with the Plan, Code and LDR.
10.15.B.
Extensions to development timetables. Applications for extensions to development timetables shall be processed in the same manner as amendments to approved development orders and shall be subject to section 10.5 except as set forth below.
1.
For an approved final site plan, each timetable extension shall be limited to a maximum period of two years and the timetable of development shall not exceed a period of two years at any time.
2.
For an approved master site plan, each timetable extension shall be limited to a maximum period of five years and the timetable of development shall not exceed a period of five years at any time.
3.
All applications for an timetable extension that includes an extension to a certificate of public facilities reservation shall document full compliance with section 5.32.D., procedure to obtain certificate of public facilities reservation, LDR.
4.
Any amendment to a development timetable shall be reviewed cumulatively with other timetable amendments for that development, excluding those timetable extensions granted by state statute. Cumulative County timetable amendments of more than five years shall not be permitted unless the development is consistent with all policies of the plan in effect at the time of the timetable extension is granted. When cumulative timetable amendments for a phase of a PUD reach five years, the PUD must be renegotiated and, at a minimum, must be consistent with all plan policies in effect at the time.
10.15.C.
Administrative amendments. Applications for amendments to approved development orders that meet the following criteria shall be processed as administrative amendments.
1.
Except when a vested rights resolution, settlement resolution, or administrative vesting determination specifically provides otherwise, an administrative amendment to an existing development order shall be reviewed in accordance with the laws in effect at the time of the application for the modification, and all changes shall be consistent with all applicable Comprehensive Plan, LDR and Code requirements in effect at the time of final action on the application.
2.
Administrative amendments shall be considered cumulatively. A proposed amendment shall not be approved if the proposed amendment, along with previously approved administrative amendments, would cumulatively exceed any of the criteria set forth in subsection 10.15.C.4.
3.
If an administrative amendment of a final site plan would render the final site plan inconsistent with the master plan, then an administrative amendment to both the master and final site plans will be required.
4.
The following shall not be reviewed as administrative amendments and shall instead be reviewed in the manner provided in section 10.15.D. below:
a.
Amendments which would contradict any BCC-imposed special condition of approval for a master site plan, final site plan or PUD.
b.
Modifications to the unity of control.
c.
Reductions in the amount of approved recreation acreage or the number of recreation improvements.
d.
The construction of new principal buildings.
e.
Increases in the number of residential dwelling units.
f.
Change of the size or location of any wetland or upland preserve areas.
g.
Creation of any new vehicular use access connection or more than a minor change to the location of any approved access connection.
h.
Creation of any new roads or more than minor changes to the location of any approved road; or more than minor changes to parking areas, internal drives and landscape plan.
i.
More than a minor change of the external perimeter of the development.
j.
More than a minor change to any internal boundary within a development separating residential from nonresidential use, excluding areas eligible for mixed-use development within community redevelopment areas.
5.
Final action on administrative amendments. The County Administrator shall consider the application for the administrative amendment, the staff report and any applicant response. Upon completion of the review, the County Administrator shall issue a written development order approving, approving with modifications or denying the application, which shall constitute final action of the County Administrator. Applications which are not consistent with the Comprehensive Plan, the LDR and the Code shall not be approved by the County Administrator.
6.
Appeals of administrative amendment final action. Appeal of any administrative action of the County Administrator taken pursuant to section 10.14.C. shall be to the BCC pursuant to section 10.12.
10.15.D.
Other amendments. Applications to amend an approved development order that do not meet the criteria for administrative amendments shall be processed as shown in the Table 10.5.F.9.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019; Ord. No. 1213, pt. I(Exh. A), 12-12-2023)
Sec. 10.16. - Vested rights.
10.16.A.
Purpose. The purpose of this section is to provide a process for the determination of vested rights in accordance with section 1.12 of the Comprehensive Plan.
10.16.B.
Applicability. This section is applicable to requests for a determination of vested rights from any of the requirements of the Comprehensive Plan, the LDR and the Code. The opportunity to obtain a "Letter of Vesting Determination for Public Facilities" expired on December 31, 1991. Accordingly, all projects must comply with concurrency requirements, except those projects which are exempt pursuant to the article 5, Adequate Public Facilities and Transportation Impact Analysis, of the LDR.
10.16.C.
Processing of the vested rights claim.
1.
After the review the vested rights claim, the application shall be presented to the BCC. The BCC may also accept a settlement proposal or continue the meeting and direct staff to entertain settlement negotiations, in accordance with the Comprehensive Plan, the LDR and the Code;
2.
Standards to be considered in the final action. The standards applicable to a vested rights determination shall include:
a.
Statutory vested rights, as set forth in the Florida Statutes and the Comprehensive Plan; and
b.
Common law vested rights.
10.16.D.
Effect of the vested rights determination and vested rights settlement resolution. The effect of a vested rights determination or stipulated settlement agreement shall be to excuse the development to the extent of the vesting from compliance with any new laws and regulations so long as the terms and conditions of the original development order or vested rights settlement are maintained. Upon approval of the development as vested, the project will be either a conforming use or a legal nonconforming use, as defined elsewhere in the LDR.
(Ord. No. 1100, pt. 1(Att. A), 5-21-2019)